25570. Wheat.   (Inj. No. 341.)
COMPLAINT FOR INJUNCTION FILED : , 7-31-58, Dist. Kans., against Rodney 
Milling Co., a corporation, Atchison, Kans., and Earl Thompson, an individual.
CHARGE : The complaint alleged that the defendants were engaged in operating 
a grain elevator for the storage and distribution of wheat for human con- 
sumption, and that they had been and were introducing and causing to be 
introduced into interstate commerce, wheat which was adulterated within the 
meaning of 402(a) (3) and (4) by reason of the presence therein of filth, and 
by reason of holding the wheat under insanitary conditions at the defendants' 
grain elevator at Atchison, Kans.
It was alleged further that the insanitary conditions resulted from, and con- 
sisted of, mice about several of the bins, and mice excreta pellets, insects 
and insect larva in the wheat; mice pellets and mice tracks around all walls, 
and in various sections of the elevator; and employees sweeping mice excreta 
pellets onto the wheat in the storage bins.
DISPOSITION: On 8-8-58, the defendants having consented, the court entered 
a decree permanently enjoining and restraining the defendants from intro- 
ducing into interstate commerce, wheat for human consumption which was 
adulterated within the meaning of 402(a) (3) and (4). The decree also 
enjoined the defendants against introducing into interstate commerce, any 
wheat for human consumption held at defendant's grain elevator at Atchison, 
Kans., unless and until the following acts were done:
(a) the elevator was thoroughly cleaned, renovated, and rendered suitable 
for the storage of wheat for human consumption; all rodent and insect filth 
was removed from the elevator; the means of ingress and egress of the ele- 
vator by rodents was closed; and any similar insanitary conditions which 
might result in the contamination of wheat for human consumption while held 
in the elevator were eliminated;
(b) all the wheat which was on hand in the elevator at the time the elevator 
sections were cleaned, renovated, and rendered suitable for the storage of food 
for human consumption was-destroyed, denatured for use as animal feed, or 
cleaned and otherwise reconditioned under the supervision of a representative 
of the Food and Drug Administration and thus brought into compliance with 
the provisions of the Act, with all costs of supervision to be borne by the 
defendants; and
?See also Nos. 25557, 25563* 25565, 25608.
of the Food and Drug Administration and a report made to the court snowing 
that the insanitary conditions no longer existed, and that the wheat described 
in paragraph (b), above, had been destroyed, denatured, or brought into com- 
pliance with the law as provided in such paragraph.
The decree further provided that nothing should prevent the introduction of 
a portion of the wheat into interstate commerce, after it had been cleaned^ 
reconditioned, and brought into compliance with the law under the supervision 
¦ of a representative of the Food and Drug Administration.